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EMERIC CRUCE
EMERIC CRUCE
BY
THOMAS WILLING BALCH
A. B. (Harvard)
Member of the Philadelphia Bar
Author of " Some Facts about Alsace and Lorraine,"
'The Brooke Family of Whitchurch, Hampshire, England,"
"The Alabama Arbitration," etc.
Philadelphia
ALLEN, LANE & SCOTT
1900
fa
Copyright, 1899, by
THOMAS WILLING BALCH.
319
+
Press of
ALLEN, LANE & SCOTT,
Philadelphia, Pa.
TO
MONSIEUR ERNEST NYS,
VICE-PRESIDENT AU TRIBUNAL DE PREMIERE INSTANCE
DE BRUXELLES,
PROFESSEUR A L'UNIVERSITE DE BRUXELLES,
MEMBRE DE L'lNSTITUT DE DROIT INTERNATIONAL,
CHEVALIER DE L'ORDRE DE LEOPOLD,
AND
MONSIEUR ALBERT SOENENS,
JUGE AU TRIBUNAL DE PREMIERE INSTANCE DE
BRUXELLES.
Ez fer war, I call it murder, —
There you hev it plain an' flat ;
I don't want to go no furder
Than my Testyment fer that ;
God hez sed so plump an' fairly,
It's ez long ez it is broad,
An' you ' ve gut to git up airly
Ef you want to take in God.
'Taint your eppyletts an' feathers
Make the thing a grain more right ;
'Taint afollerin' your bell-wethers
Will excuse ye in His sight ;
Ef you take a sword an' dror it,
An' go stick a feller thru,
Guv'ment aint to answer for it,
God ' 11 send the bill to you.
James Russell Lowell.
Emeric Cruce is hardly, if at all, known on this
side of the Atlantic, and has not received the recog-
nition that is his due. In June, 1897, while working
in the Bibliotheque Nationale, I took copious notes
upon what he wrote in his Nouveau Cynee in refer-
ence to international arbitration and have prepared
this monograph to show what an important place he
has filled in its development. In a letter that ap-
peared in a Philadelphia weekly paper, December
7th, 1899, I called attention to Cruce and his pro-
posal in 1623 of a permanent International Court at
Venice. In collecting some of the materials for this
book, I have received assistance from Samuel Dick-
son, Esq., and J. Rodman Paul, Esq., members of
the Philadelphia Bar, Dr. William H. Klapp, Head-
Master of the Protestant Episcopal Academy, of
Philadelphia, James G. Barnwell, Esq., Librarian of
the Philadelphia Library, and Bunford Samuel, Esq.,
of the Ridgway Library.
T. W. B.
Philadelphia, Christmas, 1899.
EMERIC CRUCE.
i.
' I "HE meeting last summer (1899) at the Hague
of delegates from most of the powers of the
world, in response to the call of the Emperor Nicolas
the Second, to consider the possibilities of lighten-
ing the burdens imposed on humanity by militarism,1
has forced upon public attention, in a much larger
measure than ever before, the evolution of inter-
national peace. The war that is now raging in
South Africa so soon after the deliberations at the
Hague, shows that universal peace is probably but
a dream. Yet the submission of the Alabama claims,
1 International Arbitratioti and the Peace Conference at the
Hague by F. de Martens, delegate from Russia to the Confer-
ence at the Hague: The North American Review ; Volume
CLXIX. (1899), pages 604-624.
The International Conference of Peace, by Seth Low, Presi-
dent of Columbia College and United States Delegate to the
Peace Conference: The North American Review, volume
CLXIX. (1899), pages 625-639.
La Conference de la Haye et V Arbitrage International, par
Arthur Desjardins : Revue des Deux Mondes, volume 155,
(1899), pages 1-26.
2 EMERIC CRUCE.
the Bering Sea seal fisheries, and the Venezuela-
Guiana boundary, to the decisions of International
Courts of Arbitration proves that war can be avoided
by a resort to arbitration, whenever the parties to
an international controversy conclude that it will be
more advantageous for them to submit to the peace-
ful award of a Court of Arbitration rather than to
the chances of a war, with its uncertain results and
its heavy cost in blood and, especially, treasure, that
modern warfare and economic conditions impose on
the combatants.
The chief fundamental force that makes for war
or peace is the need of food. In order that man,
like any other living organism, may exist, he must
have food ; and after his sustenance is assured, he
desires other necessaries and luxuries to add to his
comforts. In a simple state of society, when the
tribal organization is barely formed, war carried on
by one band against another costs little beyond the
loss of life. Then, as a number of tribes are welded
into a small state or nation, the complexity of society
grows and the wealth of the people exposed to loss
or destruction by war increases. As the state form
of government develops and the number of people
increases, whether they will favor keeping the peace
or seek war depends on whether or not they can
supply their wants from the wealth in their posses-
THE CAUSES OF WAR. 3
sion. So long as the individuals as a whole have
the opportunity to gain what they consider a com-
fortable livelihood with reasonable ease, the State,
which in its actions is a reflex of the opinions of the
mass of the citizens, will not be eager to gain the
wealth of another people through war. But so soon
as a large part of the community, owing to increas-
ing numbers or other causes, find it difficult to obtain
what they deem a suitable living, they will begin to
cast covetous eyes upon the possessions of others.2
Sometimes their desire to gain the wealth of others
will result in a civil war ; but more generally they
will force the State to make war on another people.
Hunger nerves both man and beast in the quest
for food. When the hunter comes upon a lion
2 On this point see the notable and patriotic speech of ex-
President Grover Cleveland at the tenth annual dinner of the
Reform Club at New York, April 24th, 1897. He said in
part: — "The fundamental truth that our free institutions offer
opportunities to all within their influence, for the advancement
and improvement of their condition, has been so far denied
that honest accumulation is called a crime and the necessity
and habit of individual effort and struggle, which are the main-
springs of sturdy Americanism, are descried as unjustifiable
burdens, while unwholesome paternalism is presented in hand-
some and inviting garb. Those enlisted in this crusade of dis-
content and passion, proclaiming themselves the friends of the
people, exclude from that list all their countrymen except those
most unfortunate or unreasonable, and those whom they them-
selves have made the most discontented and credulous."
4 EMERIC CRUCE.
that has just enjoyed a good feast, the king of
beasts will steal away if he can ; but if he has not
had food for many days, he will show fight.3 As
it is with wild animals, so it is with humanity. But
as civilization or co-operation progresses, and foreign
commerce develops, nations become more interde-
pendent. War then, by interrupting trade, inflicts
injury upon the wealth of both the conquerors and
the conquered. Also, when a great world power,
with millions of inhabitants, trading with all parts
of the world and depending for its prosperity upon
the maintenance of that commerce, engages for any
cause upon a serious war, it incurs, in order to
maintain its armaments on a war footing, enormous
debts, and consequently it must increase its taxation.
A great war, by giving feverishly active business to
the manufacturers of arms and the other purveyors
of the necessaries for war, brings prosperity to those
engaged, whether as employers or employees, in
those industries. But to the people as a whole,
3 " At night and when urged on by hunger, lions are some-
times incredibly daring ; in fact as old Jan Viljoen once said to
me, ' a hungry lion is a true devil, and fears nothing in the
world.' A Hunter' s Wandering in Africa, by F. C. Selous :
London: R. Bentley, 1881, page 266.
An able writer has laid bare in the following passage why
men fight: — "Two bulls who dispute over a pasture, two
lions who dispute over a flock, two savage tribes fighting for
a hunting ground, show us plainly the cause of war ; but the
THE CAUSES OF WAR. 5
war can only bring increased burdens, for it de-
stroys and does not create legitimate trade ; 4 and
by forcing the imposition of increased taxation,
war adds to the cost of manufacturing in that
country, and to the extent that it thereby increases
the cost of production it contributes a disadvantage
to the ability of that people to sell in foreign markets
more cheaply than citizens of other countries. As
the increasing facilities for transportation develop
international commerce, war threatens more and
more with destruction or serious loss the victors
as well as the vanquished.5 Even to-day, the powers
that are building railroads so that they may more
easily mass their troops are thereby making them-
selves more amenable to the economic forces of
current changes aspect as it departs from its source, it in-
creases and grows purer, and soon, forgetful of its weaknesses,
from where comes also all its grandeurs, humanity prides itself
justly about the heroism of a Leonidas or the genius of a
Hannibal." La France Nozivelle, par Prevost-Paradol, de
/' Academie Franfaise : Paris: Calmann Levy, 3 Rue Auber:
Treizieme edition, 1884, page 266.
* Compare Bastiat' s ' ' The Broken Pane ' ' in his essay, Ce qu'on
voit et ce qu' on ne voit pas: Oeuvres completes: Paris;
Guillaumin et Cie., 1854 ; Volume V., page 337.
5 Recherches Zconomiqiies, historiques et statistiqties stir les
guerres contemporaines par Paul Leroy-Beaulieu, 1869.
Commercial Expansion vs. Colonial Expansion : An open
letter by Andrew Carnegie, Nov. 20th, 1898.
6 EMERIC CRUCE.
the trade of the world : for with the opening of
those roads to commerce, trade will soon roll over
their rails.
In the main, it is the desire to possess what others
have, that leads nations on to war; and it is the
dread of losing what they have — in these latter days,
the fear of injury to commerce6 — that gives pause
to their warlike aspirations.
Great nations, though they will readily attack small
and weaker states, when they think the gain will
outweigh the cost, hesitate to precipitate war with
another first-class power. This seems to be true of
all powerful nations alike. Perhaps the clearest illus-
tration of this power of force in influencing the
foreign policy of a great State, was the consent of
Great Britain to arbitrate her territorial dispute with
Venezuela, but her refusal to do so with the South
African Republic. When in 1895 President Cleve-
land sent to Congress his message on the Venezuela-
Guiana Boundary question, England, confronted with
the danger of having war with the United States as
well as with Venezuela, if she pushed her land claims
against the South American nation with force of
arms, paused in her forward policy because she could
6 Der Krieg, von Johann von Bloch (translated from the
Russian): Berlin: Puttkammer & Miihlbrecht, 1899.
Esprit des Lois, par Montesquieu, livre vingtieme, chapitre II
THE VENEZUELA AND THE TRANSVAAL DISPUTES. 7
not risk a war with the United States; and finally
consented to submit her case to an International
Court of Arbitration. A few years later, however,
when Great Britain again wished to extend her
territory at the expense of a small State — the Trans-
vaal Republic — she refused the proffer of arbitration
of her small opponent,7 and forced on war. Ap-
1 President Kruger offered to submit the differences between
the Transvaal Republic and Great Britain to the decision of an
International Court composed of two arbitrators, nominated by
the two governments respectively, who "shall agree respecting a
third person, who shall act as President of the arbitration tri-
bunal," which should decide in every case by a majority vote.
Sir Alfred Milner, in submitting to his government this proposal
of President Kruger for arbitration, wrote : —
" It is evident that this third person will virtually decide every-
thing, and it is provided that he shall ' not be a subject of one of
the arbitrating parties,' i. e., a foreigner.
" On this ground alone I feel sure her Majesty's Government
will not accept the proposal. For every reason I think it is
desirable that it should promptly intimate its total inability to
entertain it."
See extract from Sir Alfred Milner' s dispatch of June 14th,
1899, to his Home Government : The Times, London, August
26th, 1899, page 5.
L' ' Angleterre et la Republiqtie Sud-Africaine by John West-
lake, Q. C., LL. D., Professor of International Law in Cam-
bridge University : La Revue de Droit International et de
Legislation Comparee ; Volume 28 (1896), pages 268-300.
The Transvaal Suzerainty : a letter by John Westlake, to
the Editor of the London Times, published in that paper on
September 22nd, 1899, page 8, last column.
Impressions of South Africa, by James Bryce : New York :
The Century Co., 1898.
8 EMERIC CRUCE.
parently the South African Republic could not offer
a serious and protracted resistance, and England had
no cause to fear the active intervention of a first-class
power. In a war against the United States and
Venezuela, Britain was almost certain to lose ulti-
mately, while against the South African Dutch Re-
public, war could hardly but end sooner or later in
her victory on the field of battle.
Since the discoveries by Adam Smith and the
Physiocrats, and their successors — Mill, J. B. Say,
Bastiat, David A. Wells, and others — of those eco-
nomic laws, which before their time acted unknown
and unseen by humanity, it is possible for people who
stop to think and reason, to see that war imposes,
not only destruction of life, but also, by stopping
and destroying commerce as well as requiring the
maintenance of large armies, heavy financial losses
and burdens.8 Our great countryman and President,
George Washington, saw this clearly. In a letter to
Lafayette in 1786 he said: —
"As the member of an infant empire, as a philan-
thropist by character, and, if I may be allowed the
%Principes de la Science Politique par E. de Parieu, Vice-
President du Conseil d' Etat, Membre de F Institut : Paris, 1870,
pages 351-355-
Ce qu' on voit et ce qu 'on tie voit pas par Frederic Bastiat :
Oeuvres completes: Paris; Guillaumin et Cie., 1854; Volume
V., pages 340-343.
THE POWER OF INTERNATIONAL COMMERCE. 9
expression, as a citizen of the great republic of hu-
manity at large, I cannot avoid reflecting with pleas-
ure on the probable influence that commerce may-
hereafter have on human manners and society in
general. On these occasions I consider how man-
kind may be connected like one great family in
fraternal-ties. I indulge a fond, perhaps, an enthusi-
astic idea, that, as the world is evidently much less
barbarous than it has been, its melioration must be
progressive ; that nations are becoming more and
more humanized in their policy, and in fine that the
period is not very remote when the benefits of a
liberal and free commerce will pretty generally suc-
ceed to the devastations and horrors of war." 9
Another great statesman, Richard Cobden, also
hoped that freedom of trade would diminish the
frequency of war.10 He had no idea that armies
could be done away with altogether, nor was he so
visionary as to think that with the adoption of in-
ternational arbitration, the world would be freed
* "Protection" by John DeWitt Warner: Tariff Reform :
Pitblished semi-monthly by the Tariff Reform Committee of the
Reform Club: Volume IV., No. 12 (New York, September
30th, 1891), page 37.
10 U Arbitrage International : Son passe — son present — son ave-
nir, par Michel Revon : Paris: Arthur Rousseau, 1892, pages
433-434-
IO EMERIC CRUCE.
from all its woes : but he hoped that with the de-
velopment of international trade, war would become
less frequent until it should cease perhaps altogether.11
He saw clearly that the power behind the throne of
international peace was those economic laws of com-
merce that in the long run are stronger than the
most powerful of legislatures.
11 Cobden et la Ligue : Oeuvres completes de Frederic Bastiat :
Paris: Guillaumin et Cie., 1883, Volume III., pages 86-87.
II.
From early times, as soon as man had developed to
a high degree of social relations, as in Egypt and
Babylon, the desire to avoid strife and war is at first
faintly, then gradually more strongly, discernible.
One of the earliest written expressions of this wish
to escape the arbitrament of arms was given by the
old Jewish prophet, Micah, who was born about
750 B. C, when he said: — 12
"And He shall judge among many people, and re-
buke strong nations afar off; and they shall beat their
swords into plow-shares, and their spears into prun-
ing-hooks: nation shall not lift up a sword against
nation, neither shall they learn war any more."
And a little later the prophet Isaiah said : — 13
"And He shall judge among the nations, and
shall rebuke many people; and they shall beat their
swords into plow-shares, and their spears into prun-
ing-hooks: nation shall not lift up sword against
nation, neither shall they learn war any more."
The ancient Grecian States made some attempts to
settle their quarrels with one another without war;
12 Micah IV., 3.
13 Isaiah II., 4.
(11)
12 EMERIC CRUCE.
but the meagre details that we possess of the inter-
State arbitration that obtained in some measure
among the Grecian States, show that the Greeks
did not practice international arbitration in its mod-
ern sense. It would seem, however, from a phrase
in Herodotus 14 that a custom prevailed among the
Greeks themselves for two towns, both subjects of a
more powerful city, to submit any differences that
might arise between them to the decision of the court
of their sovereign city. An analogous case to-day
would be a suit between the cities of Philadelphia and
Pittsburg, argued before the highest court of their
sovereign, the Supreme Court of Pennsylvania. But
a dispute between two of the sovereign members
of the Union — as for example a case involving the
boundary between Pennsylvania and New York —
submitted to the Supreme Court of the United
States, would be very different.
In 418 B. C. the Lacedaemonians defeated the
Argives completely. The Argives were not in a
position to refuse to ratify any terms that the La-
cedaemonians might press upon them, and in the
treaty of peace with which the two States concluded
the war, they agreed to settle their differences for
fifty years without recourse to arms. One of the
clauses of the treaty reads as follows : —
14 Herodotus ; Book 5, Section 83.
ATTEMPTS AT ARBITRATION AMONG THE ANCIENTS. I 3
" If any city of the allies shall quarrel with a
city they shall go to some city [with their quarrel]
whichever city it may appear is fair and impartial
to both." 15
While this seems to have been an attempt to
arrive at something like international arbitration, yet
among the Greeks themselves arbitration in the
modern sense hardly, perhaps never truly, obtained ;
and between the Greeks and the rest of the world
(oi /3dp/3apo«) it never existed.
Many writers have referred to international arbi-
tration in the times of the Roman Empire. With
those countries who were not under the pax Ro-
mano,, the Romans did not arbitrate except by force.
Between States that were more or less under the
rule of Rome, international arbitration did not ob-
tain, for international arbitration can only be prac-
ticed between sovereign and independent States.
When two independent Nations asked Rome to
decide a question over which they disagreed, she
generally played the part of the judge in the case
15 Thucydides, Book 5, Section 79.
For an account of the Amphictyonic Council, see the History
of Federal Government from the foundation of the Achaian
League to the disruption of the United States, by Edward A.
Freeman : Volume I. ; Introduction — History of the Greek Fed-
erations: London, 1863, pages 123-143.
14 EMERIC CRUCE.
of the oyster, for sooner or later she annexed them
both. 16
When the wild hordes that overran and dis-
mantled the Roman Empire had in a measure qui-
eted down and made some advances in civilization,
men began to see the advantages and value of co-
operation in the struggle for life. They sought,
at first perhaps unconsciously, to place limits upon
the right of every man to himself avenge his
wrongs. The army leader, who was invested by
election with sovereign power, became the judge
of the disputes between his subjects ; and by de-
grees as his power developed into that of a king,
the right of private war gave way to his jus-
tice. But before the unrestricted vendetta of early
times gave place to the justice of the sovereign,
there was an intermediate stage during which re-
striction after restriction was thrown around the
right of private vengeance. Thus Alfred of Eng-
land allowed the kinsmen of a murdered man to
avenge him ; but they were to seek the murderer
in his house and surround it for seven days be-
fore attacking him ; during that time the slayer
16 See Traitk theorique et pratique de V Arbitrage Interna-
tional : le role du droit dans le fonctionnement actuel de V in-
stitution et dans ses destinies futures par A. M6rignhac : Paris ;
L. Larose, 1895, pages 22-30.
RESTRICTION OF PRIVATE WAR. 1 5
might make a money payment that was regarded
as satisfaction for the crime.17
Later, geographical, ethnological and social forces
grouped the inhabitants of Europe into nations.
The struggles between the smaller states of early
times were then succeeded by the larger and more
important wars between the great nations.18 The
law of self-preservation impelled the weaker powers
to form alliances against the stronger. It was in
this way that what has been looked upon as the
first scheme for perpetual peace came to be de-
vised.
When, after many years of severe fighting, Henry
of Navarre finally succeeded in mounting the throne
of his ancestors, he sought to fortify his posses-
sion of the crown, first by restoring peace to his
11 Essays in Anglo-Saxon Law: Boston, 1876: The Anglo-
Saxon Legal Procedure by J. Lawrence Laughlin, pages 268-
269. "If he have power to surround and besiege his foe, let him
watch him during seven days, and not attack him, if he (foe)
wish to remain there. If he wish to surrender and give up his
arms, let him guard him unhurt thirty days, and announce it to
his kinsman and friends \i. e. in order that they may make
composition for him]."
18 For an account of the cases of mediation during the Middle
Ages, see Les Origines du Droit International par Ernest Nys :
Brussels, 1894 ; pages 49-61. See also Traite" thforique et
pratique de V Arbitrage International : le role du droit dans le
fonctionnement actuel de I 'institution et dans ses destinees futures
par A. Merignhac: Paris; L. Larose, 1895, pages 31-42.
1 6 EMERIC CRUCE.
distracted kingdom, and afterwards by curbing the
power of his great adversary, the House of Aus-
tria.19 The former of these objects he secured
through a grant of religious toleration to the
Protestants. The second he sought to accomplish
by welding the other Christian nations into a great
league against the House of Hapsburg.
All that has come down to us of this latter
project, known to history as le grand dessein, we
are told by Henry's great Minister, Maximilian de
Bethune, Baron de Rosny, afterwards Due de
Sully.20 International publicists are not agreed to-
19 Histoire du Roy He?iry le Grand composee par Messire
Hardouin de Perefixe Evesque de Rodes, cy-devant precep-
teur du Roy. A Amsterdam, chez Louys et Daniel Elze-
vier 1 66 1.
20
Shortly after Henry's death in 1610, Maximilian de Beth-
une began to dictate his Memoires des Sages et Royales CEco-
nomies d' Estat Domestiques, Politiques et Militaires de Henry
le Grand. Only the first two volumes, which cover the years
1570 to 1605, were completed during Sully's lifetime, but, after
his death, two of his secretaries and Jean Laboureur completed
the unfinished portion. The first edition was published in two
folio volumes at the Chateau de Sully in 1638 by a printer of
Angers, under the designatio?i of Amstelredam {sic). A new
edition was printed at Rouen in 1649. In the eighteenth cen-
tury, the Abbe de 1' Ecluse des Loges transformed the CEcono-
mies royales into Memoires de Sully.
Memoires des Sages et Royales CEconomies d'Etat, Domesti-
ques, Politiques et Militaires de Henry le Grand, I ' Exemplaire
LE GRAND DESSEIN. 1 7
day whether le grand dessein was an actual fact,
or only a product of Sully's imagination.21 But
des Roys, le Prince des Vertus, des Armes et des Loix, et le
Pere en effet des ses Peuples Frangois, et des servitudes utiles,
obeissances convenables et administrations loyales de Maximilian
de Bethune, Pun des plus confidents, familiers et utiles soldats et
serviteurs du Gra?id Mars des Francois. Dediez a la France, a
tons les dons soldats et tous peuples Frangois.
Nouvelle Collectioyi des Memoires pour servir d V Histoire de
France, depuis le xiiie. siecle jusqic a la fin du xviiie. , * * *
par MM. Michaud de 1' Academie Francaise et Poujoulat : Deux-
ie?ne Se"rie : Paris, 1837, chez V Editeur du Commentaire Analy-
tique du Code Civil. See also Commentaire sur les Elements du
Droit I?iter?iational et sur I ' Histoire des Progres du Droit des
Gens de Henry Wheaton, par William Beach Lawrence : Leipzig :
F. A. Brockhaus, 1869 : Volume II., pages 195-200. Les
Origines du Droit International, par Ernest Nys : Paris and
Brussels, 1894, Pa£Te 395- Manuel du libraire et de V amateur
de livres, par Jacques Charles Brunet : Paris, 1864, Volume V.,
page 589.
21 ' ' Those were the foundations of what Sully calls often the
grand project of his master, but it seems according to what he
relates, that it was much more the project of Sully himself."
Histoire des Frangais, par Sismonde de Sismondi: 1839: Part
VIII. , Chapter X., Volume XXII., pages 148, 149.
"All the plan of organization imagined for the institution
itself, all the means invented to make it work were exclusively
the labor of Sully. Submitted to Henry the Fourth, they oc-
cupied his attention at various times, but never continuously :
between him and his minister they were only the subject of
interviews and writings ; never of resolutions and political ac-
tion." Histoire du regne de Henri IV., par Poirson : 1856:
Book VII., Chapter II. , Volume II., page 873.
"The project of a general pacification and of a European
I 8 EMERIC CRUCE.
whether it was a fact or not, as the plan of
Henry and Sully was not to settle the differences
of European nations by means of arbitration, but to
overthrow the power of the House of Hapsburg by
means of a league of the other European states,22 le
grand dessein cannot be looked upon as the begin-
ning of international arbitration. Besides, Sully's Me-
moirs were not published until 1638, fifteen years
after Emeric Cruce, also a Frenchman, had published
the book in which he advocated the establishment
at Venice of an International Court of Arbitration.
Henry the Fourth of France intended to form a
very Christian Republic {republique tres-chrestienne).
It was to consist of fifteen sovereignties, with the
power of each so nicely adjusted that no one
confederation developed in the Memoires des sages et royales
(economies a" Estat de Henry- le- Grand made its way, and was the
starting point of wishes {voeux), systems and even political facts
that led, in the succeeding centuries, to more or less elabor-
ate plans of organization of States with the view to peace."
Traits de Droit International Public Europe" en et Ame'ricain, par
P. Pradier-Fod£re : Paris, 1894: Volume VI., page 66.
' ' Only, it is known now that the so-called Grand dessein is
purely and wholly a product of the imagination of Sully."
Etudes de Droit International et de Droit Politique, par Ernest
Nys : Brussels and Paris, 1896 : page 302.
22 Leibniz noted this warlike idea of le grand dessein. Etudes
de Droit International et de Droit Politique, par Ernest Nys :
Brussels and Paris, 1896 : page 306.
THE VERY CHRISTIAN REPUBLIC. 1 9
would be tempted to take up arms against its
neighbors for fear that the others would attack it.
Of these fifteen sovereignties, five — the Pope, the
Emperor, and the Kingdoms of Poland, Hungary
and Bohemia — were to be elective : six — France,
Spain, England, Denmark, Sweden and Lombardy —
were to be hereditary: and four — the Venetians,
a group of Italian Duchies, the Swiss Cantons,
and the Low Countries — were to be Republics.
Henry first told of his plans to Queen Elizabeth
in 1 60 1 ; and he and she even made arrangements
for a meeting at Dover or Calais to talk the
matter over. This purpose was frustrated by some
of their subjects, but, Sully tells us, that they had
some correspondence upon the subject.
Henry proposed in case of a disagreement over
the election of the Emperor or the King of the
Romans, that the differences should be referred
"to the arbitration of the Pope, the Kings of Eng-
land, Denmark and Sweden, of the Venetians and
the cantons of Switzerland, such of the three as
they would wish to choose."23
To diminish the prestige of the House of Aus-
tria, Henry intended breaking through the custom
23 The original French is : "en 1' arbitrage du Pape, des rois
d' Angleterre, Dennemarc et Suede, des Venitiens et des cantons
de Suissse, tel des trois qu'ils voudront choisir."
20 EMERIC CRUCE.
that had grown up of electing Emperor the head
of the Hapsburgs, by restoring to the sovereign
members of the Empire the right to choose the
Emperor from any reigning house they saw fit.
He planned not only to deprive the powerful rival
of his house of this prerogative of great dignity,
but also to weaken its material resources.24 To
the Swiss cantons he proposed to add — of the
Hapsburg possessions — Tyrol, Franche-Comte and
Alsace. Further, he agreed with the Duke of
Savoy, whose son had married his daughter, to
join the Duke in a request to the King of
Spain, the Duke of Savoy's brother-in-law, to give
24 In a letter to the King, Sully in writing of le gra?id dessein
says : —
"La premiere, a reduire toute la maison d'Austriche a une
domination si bien ajustee et proportionnellement composee,
qu'elle delivre tous les Estats et dominations chrestiennes des
craintes et apprehensions qu'elle leur a tousjours donn6 sujet
de prendre, d'estre opprimez et asservis par elle : et la seconde,
que tous ceux de cette maison soient persuadez, par raisons
convenables, a se departir de leur anciennes aviditez pleines
d'extorsion, afin qu'ils ne pensent jamais a choses dommage-
ables a autruy : a quoy il semble impossible de les pouvoir
faire resoudre, tant qu'ils possederont une quantite d' Estats et
de royaumes outre ceux que contiennent les Espagnes."
Nouvelle Collection des Memoires pour servir a I ' Histoire de
France, depuis le xiiie. siecle jusqu' a la fin du xviiie., Maximilian
de Bethune, Due de Sully \ Sages et Roy ales CEconomies d' Estat
suivies d'une refutation contemporaine inedite : Paris, 1837, chez
r Editeur du Commentaire Analytique du Code Civil: page 425.
PROPOSED ABASEMENT OF THE HOUSE OF AUSTRIA. 2 I
to Savoy's children an inheritance equal to that
which their aunt Isabella had received. "And in
case of a refusal, which no one doubted,25 the King
would permit M. Desdiguieres to assist M. de
Savoye with fifteen thousand men on foot, two thou-
sand horse, twenty cannons and their necessary
equipment to aid him to carry out their behests.
And besides this, he was to help the said Duke of
Savoye with a hundred thousand escus a month, so
long as the differences should last, whose repay-
ment he placed on Savoye, besides [voire) he was
resolved to march in person and royal apparel of
war, if it was necessary." In addition, the King of
France and his associates agreed that they would
petition the Pope and the Venetians to intervene as
arbitrators to amicably settle the differences that
were on the point of breaking forth between France
and Spain concerning the Kingdoms of Navarre,
Naples and Sicily, and the Comte de Roussillon. To
show to the world that it was not on account of
ambition, Henry declared that he was satisfied with
the existing limits of his dominion, and that he would
renounce to the King of Spain the Kingdom of
Navarre and the Comte de Roussillon absolutely and
perpetually upon condition that the King of Spain
23 The French is : " et en cas d' un refus, duquel 1' on ne doutoit
nullement."
22 emeric cruce.
would transfer to Henry, Naples and Sicily. These
latter two possessions he offered to hand over to
the Venetians. These cessions of territory by the
Spanish crown were to equalize the balance of
power.
Finally, each of the fifteen sovereign members of
the Christian Republic should send two delegates to
a general council. This body should decide all
causes of dispute that might arise between the dif-
ferent sovereignties, and fix the amount of contribu-
tion each power should make towards the main-
tenance of the army and navy of the confederation.
Sully thought that the forces raised by the confeder-
ated powers would be sufficiently strong to restore
and maintain the Empire in its ancient " rights, liber-
ties and privileges, which is the principal object of
your designs." 26
Henry wished to secure France against the menace
of the great power of the House of Austria. His
idea was so to weaken the strength of the Haps-
burgs, by depriving them of some of their territories,
that they could not threaten France. And to suc-
ceed in this purpose, he planned to group the other
Christian nations into a grand alliance with the object
of cutting, by armed intervention, some of the claws
26 The original French is : " droit, libertez et privileges, qui est
le principal but de vos desseins."
PROPOSED ABASEMENT OF THE HOUSE OF AUSTRIA. 23
of the double headed Austrian eagle. Then, when
he had rearranged the map of Europe according to
his ideas, he proposed, in order to give vent to the
warlike desires of the European nations, that a
united Europe should wage war upon the Infidels.
Sully and Henry did not contemplate settling the
rivalry between France and the House of Haps-
burg by means of international arbitration, but by
war. The basic thought of le grand dessein was
armed force, not peace, —
' ' The good old rule
Sufficeth them, the simple plan,
That they should take who have the power,
And they should keep who can."27
"Wordsworth's Rob Roy's Grave.
III.
The originator of modern international arbitration
was probably a Frenchman — Emeric Cruce. In 1623
he published a small book, entitled : —
Le
Nouveau Cynee
Ou
Discours d' Estat
representant les occasions et moyens
d' establir tine paix ge?ieralle, et la liberie du
commerce par tout le monde.
Aux Monarques et Princes
sonverains de ce temps.
Em. Cr. Par.
A Paris,
chez Jacques Villery, au Palais stir
le perron Royal.
M. DC. XXIII.
Avec Privilege du Roy.
The single known copy of this remarkable book
is in the Bibliotheque Nationale. It is not large, but
filled with much reasoning. In it Cruce presented
what was probably the first real proposal of substitut-
ing international arbitration for war as the court
of last resort for nations. In the preface he said:
" This book would gladly make the tour of the in-
habited world, so as to be seen by all the Kings, and
(24)
LE NOUVEAU CYNEE. 25
it would not fear any disgrace, having truth for its
escort, and the merit of the subject which must serve
as letters of recommendation and credence."28
Emeric Cruce was born at Paris about 1590 and
died in 1648. He published a number of works in
Latin, but so little is known about him that, until a
few years since, when Judge Nys29 of Brussels re-
stored to him his true name, publicists called him
Emery de la Croix. He printed in 161 8 an annotated
copy of Statius. That publication gave rise to a
28 " Ce livre feroi't volontiers le tour de la terre habitable, afin
d'estre veu de tous les Roys, et ne crandroit point aucune dis-
grace, ayant la verit6 pour escorte, et le merite de son subject,
qui luy doit servir de lettres de recommandations et de creance."
29 Monsieur Ernest Nys, Vice President au tribunal de premiere
instance de Bruxelles, professor in the University of Brussels, a
member of/' Institut de Droit Inter?iatio?ial, and a Chevalier de
l' Ordre de Leopold, is the author of many valuable books upon
International Law. Some of the more important are : —
La Guerre Maritime : Brussels, 1881.
Le droit de la guerre et les pr'ecurseurs de Grotius : Brussels,
1882.
L' ' Arbre des batailles d' ' Honore Bonet : Brussels, 1883.
Les Origines du Droit International : Brussels, 1894.
Etudes de Droit International et de Droit Politique : Brussels,
1896.
Recherches sur V Histoire de V Economie Politique : Brussels,
1898.
Les Theories Politiques et le Droit International en France
jusq'au XVIIP siecle : Brussels, 1899.
26 EMERIC CRUCE.
violent contemporaneous discussion, which was the
means through which Judge Nys discovered Cruce's
real name.
" If we cite this polemic, it is because," Judge Nys
says,30 "it allows us to know the exact name of the
author [of Le Nouveau Cynee~\. The few ancient au-
thors who speak of him call him generally ' Emericus
Crucejus or de La Croix'; modern biographers call
him ' Emeric de La Croix.' The fact is his name is
Emeric Cruce, from which came the Latinized name
of Crucaeus. Doubt is not possible, and we find a
formal indication of this in the anagram that the
Silvarum frondatio contains, whose author was An-
toine Dorcal, barrister at Paris. Here is the text : —
"ANAGRAMMA IN AUTO REM HUJUS FRONDATIONIS.
Emerictis Crtice
Ecce Mercurius.
Ne temere in Silvis Statianis lector oberres,
Ecce vialis adest hie tibi Mercurhts.
"We can mention here that it was probably to
the translator of the Bibliographia politico, of Gabriel
Naude that we owe the attribution to the author of
Le Nouveau Cynee of the name of de La Croix.
30 Etudes de Droit International et de Droit Politique par
Ernest Nys: Brussels and Paris, 1896, page 308.
EMERIC CRUCE. 2*J
Naude writes correctly Emericus Crucaeus; the
translator, Charles Challine, gives Emery de la
Croix.
" The edition of the works of Statius is dedicated
to Henri Godefroy; the notes on the Thebaid of the
same poet are dedicated to Guillaume Ribier, coun-
cillor of State, president and lieutenant-general at
Blois ; finally, the Silvariwi frondatio is preceded by
a letter to Henri Le Clerc du Tremblay, councillor of
the parlement of Paris, a brother of the councillor of
Cardinal de Richelieu, Francois Le Clerc du Trem-
blay, known to history by his religious name of Father
Joseph."
Cruce held, especially for his time, broad and
liberal views. He believed that it was for the ad-
vantage of humanity that the different races and
nations should not seek to injure and destroy one
another by war, but rather to exchange their prod-
ucts. "There are those," he says, "who care so
little for strangers that they think it good politics
to sow among them divisions, in order to enjoy a
more secure quiet. But I think quite differently,
and it seems to me that when one sees the house
of his neighbor burning or tumbling down that one
has as much cause for fear as compassion, because
human society is a body all of whose members
have a common sympathy, so that it is impossible
28 EMERIC CRUCE.
that the sickness of one shall not be communicated
to the others. Therefore this small book contains
an universal policy, useful to all nations alike and
agreeable to those that have some ray of reason
and sentiment of humanity."
Cruce, who holds that Princes are responsible for
war,31 argues that every one has an interest in the
preservation of peace. He considers that the mer-
chant is far more useful to human society than the
soldier. He says : " In short, there is no occupa-
tion to compare in utility with that of the merchant
who legitimately increases his resources by the ex-
penditure of his labor and often at the peril of his
life, without injuring anyone : in which he is more
worthy of praise than the soldier whose advance-
ment depends upon the spoil and destruction of
another."32 And a little further on Cruce writes:
"In case it may be possible that we may obtain a
universal peace, of which the best result is the es-
tablishment of commerce : and on that account
31 Modern history shows that Democracies as well as Princes
are responsible for the substitution of war for diplomacy.
i2 ' ' Bref il n' y a mestier comparable en utility a celuy du mar-
chand, qui accroist legitimement ses moyens aux depens de son
travail, et souventefois au peril de sa vie, sans endomager n'y
offenser personne : en quoy il est plus loiiable que le soldat, dot
1' advancement ne depend que des despoiiilles et ruines d'autruy."
Le Nouveau Cynee, page 30.
FREEDOM OF TRADE. 2Q
[par tat) the monarchs must see to it that their sub-
jects can traffic without fear as well by sea as by
land : which every person will be easily able to do
in his particular capacity."33
While Cruce could not see in the first quarter
of the seventeenth century as clearly as Richard
Cobden in the middle of the nineteenth that inter-
national trade is the power behind the throne of
international peace, yet he realized that free trade
and the development of international commerce
would tend, by making countries more inter-de-
pendent, to cause wars to grow less frequent. He
pointed out that, in order to enjoy the greatest
benefits and advantages of commerce, nations must
have peace. "Watch must be kept to facilitate the
means of communications, not only on the great
rivers but also on the smaller, and render these
latter capable of carrying boats, since that is at the
base of commerce, so much so that those people
who have no river form water ways by artificial
means like the Brabangons, who have dug a canal
33 The original text is : "Si tant est que nous puissions obtenir
une paix universelle, dont le plus beau fruict est 1' etablissement
du commerce : et partat les Monarques doivent pourveoir, a ce
que leur subiects puissent sans aucune crainte trafiquer tant par
mer que par terre : ce qu'un chacun pourra aisement faire en son
estat particulier." Le Nouveau Cynee, page 32.
30 EMERIC CRUCE.
from Brussels to the Scheldt, in order to commu-
nicate more easily with Antwerp." u
Cruce proposed to join the seas by means of
canals, and recalled that Francis the First promised
such works in Languedoc. He also maintained that
pirates, like those of Algeria, should be suppressed
and that ships of war should guard " the ways of
the high seas."35 "What a pleasure it would be,"
he says, " to see men go freely here and there,
and to hold intercourse with one another, without
any scruples of country, ceremonies or other such
diversities, as if the earth were as she really is, a
dwelling-place {cite) common to all ! " " Only the
savages could oppose such a policy ; but if they
wish to continue their brutal ways of living, they
will be blocked, attacked and killed like poor beasts
in their lairs."
By the side of commerce (la negotiation), he placed
the practical arts, such as architecture, clock making,
the manufacture of silk and linen, and the mechan-
ical arts. Then he discusses the exact sciences,
giving the first places for usefulness to medicine
and mathematics. But strangely for one who fur-
ther on in his book advocated the creation of an
34
35
Le Nouveau Cy?iee, page 33.
Le Nouveati Cyn'ee, pages 41-42.
RELIGIOUS TOLERATION. 3 I
International Court, composed of the Ambassadors
of the powers, to judge between the nations, Cruce
thought that jurisprudence was not a necessary part
of social economy. "Theology," he said, "surpasses
our capacity. Dialectics is only subservient and an
aid to the others [sciences (?)]. Physics is a
knowledge of nature that depends on experience.
Rhetoric is superfluous. Jurisprudence is also not
necessary, and a good natural judgment is suffi-
cient to finish lawsuits, without having recourse to
a multitude of laws and decisions that only confuse
cases instead of simplifying them. Grammar, poetry
and history are more specious than profitable."
To the objection that the diversity of nations
causes quarrels and wars, Cruce replies : " Why
should I a Frenchman wish harm to an English-
man, a Spaniard, or a Hindoo (Indian) ? I cannot
wish it when I consider that they are men like me,
that I am subject like them to error and sin and
that all nations are bound together by a natural
and consequently indestructible line, which makes it
that a man cannot consider another a stranger, un-
less he follows the common and inveterate opinion
that he has received from his predecessors."
In speaking of religious toleration, Emeric Cruce
says : "I have not undertaken to solve this diffi-
culty, a more knowing one than I would be much
32 EMERIC CRUCE.
confused [empesche) : only I will say that all the
religions tend to the same end, namely, the recog-
nition and adoration of the Divinity. And if some
do not choose the good road or the legitimate way,
it is more from simplicity and ill teaching than from
malice, and therefore, they are more worthy of com-
passion than of hatred."
Cruce proclaims with force the necessity of relig-
ious toleration. " Since true religion is a super-
natural gift, it must come from God and not from
men who, with all their arms, have not the power
to compel belief in the least of its mysteries. * * *
That those who have true religion do not think
they can control imperiously by their will the belief
of others, in whom they have no interest, provided
that they hold themselves within the bounds of
modesty and do not disturb the concord {feste) of
public tranquility. * * * It does not belong to
men to punish or correct the mistakes of faith ; it
belongs to Him who sees hearts and the most se-
cret thoughts. The faults of the will are punish-
able by civil laws, those of knowledge, to wit, false
doctrines, have only God for judge. Therefore
those who have wished to shake this cord have
gained nothing."
Cruce believes that general peace is possible,
and that neither international obstacles, nor differ-
INTERNATIONAL COURT AT VENICE. T>3
ences of religion, nor diversity of nationality are
legitimate causes for war. But he saw and pro-
claimed that as a prerequisite to the peaceful settle-
ment of international disputes, some sort of ma-
chinery disposing of international differences was
necessary. His plan was to organize an Interna-
tional Court at Venice before whom any Powers
that disagreed should appear in the person of an
ambassador to plead their cause.
"Take the case," he says, "that peace is signed
to-day, that it is published to the whole world : how
do we know that posterity will ratify the articles.
Opinions are changeable, and the actions of the
men of the present time do not bind their successors.
To close this objection it suffices to remember what
we have said about the causes of war, which not be-
ing considerable, for the reasons given above, there
is nothing which can occasion the rupture of a peace.
Nevertheless, to prevent the inconvenience of this,
it would be necessary to choose a city, where all
sovereigns should have perpetually their ambassa-
dors, in order that the differences that might arise
should be settled by the judgment of the whole as-
sembly. The ambassadors of those who would be
interested would plead there the grievances of their
masters and the other deputies would judge them
without prejudice (passion). And to give more
34 EMERIC CRUCE.
authority to the judgment, one would take advice also
from the big republics who would have likewise in this
same place their agents. I say great Republics, like
those of the Venetians and the Swiss, and not those
small lordships (Seigneuries) , that cannot maintain
themselves, and depend upon the protection of an-
other. That if anyone rebelled against the decree of so
notable a company, he would receive the disgrace of
all other Princes, who would find means to bring him
to reason. The most commodious place for such an
assembly is the territory of Venice, because it is
practically neutral and indifferent to all Princes :
added thereto that it is near the most important
monarchies of the earth, of those of the Pope, the
two Emperors, and the King of Spain. It is not far
from France, Tatary, Moscovy, Poland, England, and
Denmark. As for Persia, China, Ethiopia, and the
East Indies and the West Indies, they are lands far
distant, but navigation remedies that inconvenience,
and for such a good object, one must not refuse a
long voyage."36
36 The original old French text is as follows : —
' ' Posez le cas que la paix auiourd' huy soit sign£e, qu' elle
soit publiee en plein theatre du monde : Que scavons-nous si la
posterite en voudra emologuer les articles ? Les volotez sont
muables, & les actios des hommes de ce temps n'obligent pas
leurs successeurs. Pour clorre le passage a ceste obiection, il
suffit se rememorer de ce que nous avos dit touchant les causes
PRECEDENCE OF RULERS. 35
Cruce contemplated a universal union that should
include even Persia, China, Ethiopia, the East Indies,
the West Indies, indeed all the world. A delicate
question was, how to arrange the order of rank and
precedence. He sitggested as a possible solution of
this difficulty, the following order, and some of the
reasons for it :
First: The Pope, in part out of respect to an-
cient Rome.
Second: The Sultan of the Turks, because of
"the majesty, power and happiness of his Empire,"
de la guerre, lesquelles n'estans pas considerables pour les
raisons cy-dessus alleguees, il n'y a rie qui puisse occasionner la
rupture d'une paix. Neantmoins pour en prevenir les incon-
veniens, il seroit necessaire de choisir une ville ou tous les
Souverains eussent perpetuellement leurs ambassadeurs, afin
que les differes qui pourroient survenir fussent vuidez par le
iugement de toute 1' assemblee. Les ambassadeurs de ceux qui
seroient interrez exposeroient la les plaintes de leurs maistres, &
les autres deputez en iugeroient sans passions. Et pour autho-
riser d'avantage le iugement, on prendroit advis des grandes Re-
publiques, qui auroiet aussi en ce mesme endroiet leurs agens.
Ie dis grandes Republiques, comme celle des Venitiens & des
Suisses, & no pas ces petites Seigneuries, qui ne se peuvent
maintenir d'elles mesmes, & dependent de la protection d'autruy.
Que si quelqu'en cotrevenoit a 1' arrest d'une si notable copagnie,
il encourroit la disgrace de tous les autres Princes, qui auroient
beau moyen de le faire venir a la raison. Or le lieu le plus com-
mode pour une telle assemblee c'est le territoire de Venise,
pource qu' il est come neutre & indifferent a tous Princes :
ioinct aussi qu'il est proche des plus signalees Monarchies de la
36 EMERIC CRUCE.
and also on account of the memory of the ancient
Eastern Empire, of which Constantinople was the
capital.
Third: The Christian Emperor.
Fourth: The King of France.
Fifth : The King of Spain.
Then the claims of the Kings of Persia and
China, Prester John, the Precop (sic) of Tatary and
the Grand Duke of Moscovy, must be arranged.
Next the importance and order of precedence of
the Kings of Great Britain, Poland, Denmark, Swe-
den, Japan and Morocco, the Great Mogul and the
other monarchs demanded attention.
Cruce proposed, among other expedients, to give
the first place to the first comer, or to the oldest,
or again a tour de role.
He was not blind to the fact that freedom of
trade and universal peace, without the initiative of
some one, could never become realities. In his
opinion, two potentates, the Pope and the King of
France, could broach the subject to the sovereigns
terre, de celles du Pape, des deux Empereurs, & du Roy d'Hes-
pagne. II n'est pas loing de Frace, de Tartarie, Moschouie,
Polongne, Angleterre & Dannemarch. Quant a la Perse, la
Chine, l'Ethiopie, & Indes orientales & occidentales, ce sont
pays bien reculez, mais la navigation supplee ceste incommodite\
& pour un si bon subiect, on ne doibt point refuser un long
voyage." Le Nouveau Cynee, pages 60-61.
PRECEDENCE OF RULERS. 37
of the world : the former to the Christian princes,
the latter to the Mohammedan rulers. Cruce wrote :
" Only let them publish peace By the orders of the
King/ Those words will make them drop their
arms from their hands."37
37 ' ' Qu' on publie seulement la paix De par le Roy / Ces
paroles leur feront tomber les armes des mans." Le Nouveau
Cynee, page 81.
IV.
Cruce's work bore good fruit. Gabriel Naude in
his Bibliographia politic a (1642) mentions Le Nou-
veau Cynee, " done rather for recreation of the mind
than on account of any opinion that the writer had
that the advice that he gives can ever succeed."38
In the year 1664, Charles Sorel in La bibliotheque
franc vise ou le cJwix et V ex amen des livres frangois
qui traitent de V eloquence, de la philosophic, de la de-
votion et de la conduite des moeurs, says : " There is
a book called Le Nouveau Cynee, which gives rea-
sons for the establishment of a general peace and
freedom of trade through all the world. One imag-
ines that something additional is necessary to make
it a success, but the design is always beautiful and
bold."39
Leibniz,40 in a letter to l'Abbe de Saint Pierre
upon the latter's Paix perpetuelle, wrote, a propos of
Cruce : "When I was very young, I knew a work
entitled, Le Nouveau Cynee, whose unknown author
counselled sovereigns to rule their States in peace
38 Etudes de Droit International et de Droit Politiqice, par
Ernest Nys : Brussels and Paris, 1895, page 316.
39 lb., page 316.
40 Leibniz signed his letters without a / .■ see his letters in the
British Museum. Communicated by Judge Nys.
(38)
CINEAS. 39
and to submit their differences to an established
tribunal ; but I do not know how to find this book
and I do not remember now any details. It is known
that Cineas41 was a confidant of King Pyrrhus who
advised the latter to rest himself at first, as it was
41 Cineas was a Thessalian orator and negotiator, who studied
rhetoric under Demosthenes, and was renowned for eloquence.
He visited Epirus and became a favorite of Pyrrhus. Plutarch
relates the following famous conversation between the orator and
the king : —
' ' There was then at the court of Pyrrhus, a Thessalian named
Cineas, a man of sound sense, and who having been a disciple of
Demosthenes, was the only orator of his time that presented his
hearers with a lively image of the force and spirit of that great
master. This man had devoted himself to Pyrrhus, and in all
the embassies he was employed in, confirmed that saying of
Euripides,
'The gates that steel exclude, resistless eloquence shall enter.'
This made Pyrrhus say, ' That Cineas had gained him more
cities by his address, than he had won by his arms ' ; and he
continued to heap honors and employments upon him. Cineas
now seeing Pyrrhus intent upon his preparations for Italy, took
an opportunity, when he saw him at leisure, to draw him into the
following conversation : ' The Romans have the reputation of
being excellent soldiers, and have the command of many warlike
nations ; if it please Heaven that we conquer them, what use, sir,
shall we make of our victory ? ' ' Cineas,' replied the king,
' your question answers itself. When the Romans are once
subdued, there is no town, whether Greek or barbarian, in all the
country, that will dare oppose us ; but we shall immediately be
masters of all Italy, whose greatness, power, and importance no
man knows better than you.' Cineas, after a short pause, con-
tinued, ' But after we have conquered Italy, what shall we do
4-0 EMERIC CRUCE.
his object, as he confessed it, when he had con-
quered Sicily, Calabria, Rome and Carthage."42
next, sir? ' Pyrrhus, not yet perceiving his drift, replied, ' There
is Sicily very near, and stretches out her arms to receive us, a
fruitful and populous island, and easy to be taken. For Aga-
thocles was no sooner gone, than faction and anarchy prevailed
among her cities, and every thing is kept in confusion by her tur-
bulent demagogues.' 'What you say, my prince,' said Cineas,
' is very probable ; but is the taking of Sicily to conclude our
expeditions?' 'Far from it,' answered Pyrrhus, 'for if Heaven
grants us success in this, that success shall only be the prelude to
greater things. Who can forbear Libya and Carthage, then
within reach ? which Agathocles, even when he fled in a clan-
destine manner from Syracuse, and crossed the sea with a few
ships only, had almost made himself master of. And when we
have made such conquests who can pretend to say, that any of
our enemies, who are now so insolent, will think of resisting us? '
' To be sure,' said Cineas, ' they will not ; for it is clear that so
much power will enable you to recover Macedonia, and to es-
tablish yourself uncontested sovereign of Greece. But when we
have conquered all, what are we to do then ? ' ' Why then, my
friend,' said Pyrrhus, laughing, ' we will take our ease, and drink
and be merry.' Cineas, having brought him thus far, replied,
' And what hinders us from drinking and taking our ease now,
when we have already those things in our hands, at which we
propose to arrive through seas of blood, through infinite toils and
dangers, through innumerable calamities, which we must both
cause and suffer?'" Plutarch's Lives, translated from the
original Greek by John and William Langhorn : New York :
1839 ; Pyrrhus, page 280.
Boileau rendered this conversation into verse. See CEuvres
de Boileau Despreatix ; de V imprimerie de Didot Paine:
Paris, 1789: fepitre Premiere, au Roi: Volume I., page 165.
^Etudes de Droit International et de Droit Politique, par
Ernest Nys : Paris and Brussels, 1896, page 305.
HUGO DE GROOT. 4 1
Leibniz referred also in the same letter to the
pacific ideas of Landgraf Ernest von Hesse-Rhein-
fels.
That mankind was eager and anxious to save
itself from the horrors and miseries of war, without
clearly knowing how, was amply shown by the
rapid and complete success of the most renowned
of Hugo de Groot's works — De Jure Belli ac
Pacts.43, The father of modern International Law
gave it to the world in 1625,44 two years after Cruce
published Le Nouveau Cynee. He wrote with the
view of softening the unspeakably horrible usages
of war.45 The great Gustavus Adolphus carried a
copy with him in his campaigns, and its leading
principles were recognized in the peace of West-
phalia (1648). Hugo de Groot lived for a time
43 The Law of Nations considered as iyidependent political
communities : On the Rights and Duties of Nations in time
of Peace, by Sir Travers Twiss : New edition, revised and en-
larged ; Oxford ; the Clarendon Press, 1884 ; Introduction to the
second edition, pages XVII. -XXI.
44 Address of Lord Russell of Killowen, Lord Chief Justice
of England, on Iiternational Arbitration, before the Ameri-
can Bar Association at Saratoga, August 20th, 1896 : The
Times (London), August 21st, 1896, page 5. Studies in In-
ternational Law, by Thomas Erskine Holland : Oxford, 1898,
page 2.
45 Chapters on the principles of International Law, by John
Westlake : Cambridge ; the University Press, 1894, page ^6etseq.
42 emeric cruce.
in Paris, and probably knew both Cruce and his
work, and possibly gained some of his ideas
on international arbitration from the Frenchman's
work. He proposed for the peaceful settling of
national disagreements arbitration and congresses
of Christian nations. He wrote :
" Another way is compromise, or arbitration, be-
tween parties who have no common judge. * * *
" But especially are Christian kings and states
bound to try this way of avoiding war. For if, in
order to avoid being subject to the judgments of
persons who were not of the true religion, certain
arbiters were appointed both by the Jews and by
the Christians, and the practice is commanded by
Paul; how much more is this to be done, in order
to avoid a much greater inconvenience, namely,
war. * * *
"And both for this reason and for others, it would
be useful, and indeed, it is almost necessary, that
certain Congresses of Christian Powers should be
held, in which the controversies which arise among
some of them may be decided by others who are
not interested ; and in which measures may be taken
to compel the parties to accept peace on equitable
terms. This was the office of the Druids of old
among the Gauls, as Diodorus and Strabo tell us :
and we read that the Frankish Kings left to their
CRUCE S SUCCESSORS. 43
nobles the judgment of questions concerning the
division of the Kingdom." 46
Landgraf Ernest von Hesse-Rheinfels published
at Cologne, in 1666, a work entitled: The Discreet
Catholic? Towards the end of this book, the Land-
graf suggested a plan of perpetual peace. He
wished to establish a " Society of Sovereigns " : but
in this union he intended only to allow Catholic
""Alterum est inter eos, qui communem judicem nullum
habent, compromissum : * * *
' ' Maxime autem Christiani reges et civitates tenentur hanc
inire viam ad arma vitanda. Nam si, ut judicia alienorum a vera
religione judicum vitarentur, et a Judaeis et a Christianis arbitri
quidam sunt constituti, et id a Paulo praeceptum, quanto magis
id faciendum est, ut majus multo vitetur incommodum, id est,
bellum? * * *
" Et turn ob hanc, turn ob alias causas utile esset, imo quo-
dammodo factu necessarium, conventus quosdam haberi Chris-
tianarum potestatum, ubi per eos, quorum res non interest,
aliorum controversiae definiantur : imo et rationes ineantur
cogendi partes, ut aequis legibus pacem accipiant : quern et
ipsum olim apud Gallos Druidum fuisse usum Diodoro ac
Straboni proditum. Etiam proceribus suis de regni divisione
judicium permisisse Francos reges legimus." Hugonis Grotii
De Jure Belli et Pacts. Accompanied by an abridged trans-
lation by William Whewell, D. D., edited for the Syndics of
the University Press, Cambridge, 1853: Book II., Chapter
XXIII., Section 8, Articles 1, 3, 4.
47 Der so warhaffte als ganz aufrichtig und discret-gesinnte
Catholischer, d. i. Tractat oder Discoitrs von einigen so ganz
raisonadlen und freyen als auch moderirten Gedancken, Senti-
menten, Refiexionen und Concepten ilber den heutigen Zustand
44 EMERIC CRUCE.
Princes to enter. His idea was to establish a tri-
bunal at Lucerne, situated mid-way between Austria
and France, the two chief Catholic powers.
In 1693, William Penn, impressed with the horrors
of the war of the Spanish Succession, published An
Essay towards the Present and Future Peace of Eu-
rope, by the Establishment of a European Dyet, Par-
liamenty or Estates. He referred with approval to
the grand dessein, and argued that as England had
her Parliament and France her States General to
settle their respective affairs, so all Europe should
have its Parliament to arrange differences of the
nations.
Twenty years later, in 1713, and again in 1729,
Castel de Saint Pierre, a French abbe, advocated per-
petual peace.48 He traced at some length the grand
der Religions- Wesens in der Welt: durch eine der Romisch-
Catholischen Religion mit Mund und Herzen redlich zug ethane
Persohn, also aufgesetzt rind verfasst, alles alleinig zu gr'6ssere?i
Ehren Gottes des Allmdchtigen angesehen. Non nisi Bonis pla-
cere cupio. Beati qui esuriunt et sitiunt justitiam, d. i. welche
gem sehen das alles zu Gottes Ehr ?md fein der Raison nach
in der Welt hergienge. Gedruckt in einen solchen Stadt da-
selbsten es an Catholischen kirchen gewiss nicht ermangelt.
48 Paix perpetuelle, 17 13.
Project de traite pour rendre la paix perpetuelle entre les sou-
verains chrestiens, pour maintenir toujours le commerce libre
entre les nations, pour affermir beaucoup davantage les Maisons
souveraines stir le trone. Propose autrefois par Henry le grand
CRUCE S SUCCESSORS. 45
dessein of Henry the Fourth and the Due de Sully,
and based his own suggestions upon it. He main-
tained that there were only two ways in which the
weak states could find security against the strong.
The first was to weaken the strong powers, almost
an impossible, and at best a costly experiment ; and
the second — without detracting from the force of the
strong nations — so to strengthen the weak states by
means of allies that all desire on the part of the
strong to attack the weak ones would disappear.
The latter of these expedients was the plan he
urged.
Jeremy Bentham in 178949 and Emanuel Kant in
I79550 wrote in favor of peace among the nations.
roy de France, agree par le reine Elizabeth, par Jacques Ier, roi
d" Angleterre, son successeur, et par la plupart des autre potentats
d' Europe. E c lair ci par M. V Abbe de Saint- Pierre de V Aca-
demic franfois, cy-devant premier Aumonier de Madame, A
Utrecht, chez Antoine Schouten, marchand libraire (1717).
Abrege du projet de Paix Perpetuelle. I?ive?ite par le Roi
Henri le Grand, aprouve par la Reine Elizabeth, par le Roi
Jaques son Successeur, par les Republiques & par divers autres
Potentes. Apropri'e a V Etat present des affaires generates de
/' Europe. * * * par Mr.L ' 'Abbe de Saint- Pierre De V Aca-
d'emie Eranfoise. A Rotterdam, chez Jean Daniel Beman, 1729.
The Abbe's full name was, Charles Irenee Castel de Saint-Pierre.
49 Principles of International Law : Bentham' s Works, Edin-
burgh, 1843, Volume II., page 546.
50 Zum Ewigen Frieden (1796): Sdmmtliche Werke, Berlin,
1872.
46 EMERIC CRUCE.
Chateaubriand referred approvingly to the crea-
tion of an international European tribunal. In
his Genie du Christianisme published in 1802, he
wrote : — 51
" If there existed in the midst of Europe a tri-
bunal that judged, in the name of God, nations and
monarchs, and that prevented wars and revolutions,
this tribunal would be the chef-d' ceuvre of politics and
the last degree of social perfection."
Since that time a long list of thoughtful men
have pressed forward the evolution of international
peace — William Ladd,52 Charles Sumner,53 Richard
Cobden,54 Thomas Balch,55 Francis Lieber,56 James
51 Genie du Christianisme par Chateaubriand : Paris, 1859 :
Oeuvres completes. Volume II., Page 520.
52 Prize Essays on a Congress of Nations, by William Ladd :
Boston, 1840.
53 The True Grandeur of Nations : an Oration delivered before
the authorities of the city of Boston, fuly 4th, 1845, by Charles
Sumner: Boston; 1845.
54 Speech in the House of Commons, June 12th, 1849, et cetera.
55 The Nezu York Tribune, May 13th, 1865; International
Courts of Arbitration, 1874. Internazionale Schiedsgerichtshofe
(Uebersetzting von Georg Baer) ; Philadelphia, 1899. Tribu-
naux Internationaux d' Arbitrage (Traduit par T. W. Balch):
Philadelphia, sous presse.
5fi
The New York Times, September 22d, 1865.
WORKERS FOR INTERNATIONAL ARBITRATION. 47
Lorimer,57 David Dudley Field,58 Emile Baron de
57 A founder (1873) of V Institut de Droit International. The
New York Tribune, April nth, 1874; International Courts
of Arbitration, by Thomas Balch (1874), edition of 1899, page
28. La Revue de Droit hiteryiational et de Legislation Corn-
par ee : Brussels; Proposition d'un Congres international, base
sur le principe de facto, Volume III. (1871), pages i-n : Le
problhne final du droit international, Volume IX. (1877),
pages 161-206. The Institutes of the Law of Nations, a treatise
of tlie fural relations of separate communities, 1884, Volume II.,
Book V.
58 Draft Outlines of an International Code, by David Dudley
Field, New York : Diossy and Company, Law Publishers,
1872.
Prime Linee di un Codice Internazionale del Giurista Ameri-
cano, Davide Dudley Field precedute da un lavoro originate, La
Riforma del Diritto delle Genti e V Istituto di Diritto Interna-
zionale di Gand del traduttore Augusto Pierantoni, Professore on.
di diritto internazionale, Prof. or. di diritto constituzionale nella
R. Universita di Napoli, Aw. alia Corte di Cassazione, Membro
fondatore dello Istituto di diritto internazioyiale di Gand, ecc:
Napoli : Presso Nicola Jovene Libraio-editore, 1874.
Projet d'un Code hiteryiational propose aux Diplomates, aux
Hommes d' Etat, et aux furisconsultes du Droit International
contenant en outre V Expose du Droit International actuel sur
les matures les plus importantes ; Extradition, Naturalisation,
Statuts personnel et reel, Droit de la guerre, etc. , par David Dud-
ley Field, Avocat, docteur en droit, ancien ?nembre du Congres
des Etats- Unis, redacteur des Codes de New York, et membre
fondateur de diverses societes savantes, traduit de V Anglais par
Mr. Alberic Rolin, Avocat pres la Cour d' ' Appel de Gand, et
secretaire de T Institut de Droit International : Paris : Pedone-
Lauriel ; Gand : Adolphe Hoste, 1881.
48 EMERIC CRUCE.
Laveleye,59 Frederic Passy,60 Count Kamarowsky,61
Philip Stanhope,62 Alessandro Corsi,63 Michel Revon,64
59 A founder (1873) of V Institut de Droit International. Des
Causes Actuelles de la Guerre en Europe et de V Arbitrage, par
Emile de Laveleye : Brussels, 1873. Cour arbitrate Anglo-Avie"ri-
caine : Revue de Droit International et de Legislation Comparie ;
Volume XVIII. (1886), page 300.
60 A founder (1888) of the Interparliamentary Union for Peace
and Arbitration. La barbarie moderne. La question de la paix :
Paris : 1891, et cetera.
61 De Videe d'un tribunal international : Revue de Droit In-
ternational et de Le"gislatio7i comparee ; Volume XV. (1883),
pages 44-51. Le tribunal international (1883 in Russian, 1887
translated into French).
62 A founder (1888) of the Interparliamentary Union for Peace
and Arbitration and an active worker for international peace.
63 Arbitrati hiternazionali : Pisa: Enrico Spoerri, 1894, et
cetera.
Association pour la reforme et la codification du Droit des
Gens, XIIme conference ; Bruxelles, Octobre, i8pj : — Rapport
sur les conclusions du comite special nomme' par V Association
dans sa X VIms Conference (Londres) et projet de reglemeiit po7cr
les Arbitrage hiternationaux presentes par le membre du comite" ,
Alexandre Corsi, Professeur de Droit international a /' Universite
de Pise : Turin, 1895.
64 U Arbitrage International: Son passe — son present — son
avenir par Michel Revon: Ouvrage couroyine par r Institut ;
(prix Bordin, 1892) : Paris : Arthur Rousseau, 1892.
WORKERS FOR INTERNATIONAL ARBITRATION. 49
Ivan de Bloch,65 the Chevalier Descamps,66 and many
others — and finally ex-President Cleveland 67 and the
Emperor Nicolas the Second.68
65 Der Krieg, von Johann von Bloch : Berlin : Puttkammer &
Miihlbrecht, 1899. War by John [de] Bloch: New York and
London.
66 One of the delegates of Belgium at the Hague Conference.
Essai stir V organisation de V Arbitrage Inter?iational : Memoire
aux puissances par Le Chevalier Descamps, Senateur de Belgique,
President de V Union Interparlementaire, avec le Projet d' Institu-
tion d'une Cour permanente d' Arbitrage international adopte par
la conference interparlementaire de Bruxelles {Session de 1895)
et le Rapport pre sent e a la conference par M. Houzeau de Lehaie,
ancient membre de la Chambre des Representants de Belgique :
Bruxelles : E. Guyot, imprimeur du Sinat de Belgique, 1896.
67 Message from the President of the United States, relative to
the Venezuelan boundary controversy ; and correspondence with
the British Government on the subject. Senate Documents, Vol-
ume I.; Document No. 31, Fifty-fourth Congress, First Sessio?i,
1895-96. President Cleveland's special message, December 17th,
1895 ; Mr. Olney to Mr. Bayard, July 20th, 1895 ; Mr. Adee
to Mr. Bayard, July 24th, 1895 ; Lord Salisbury to Sir Julian
Pauncefote, November 26th, 1895 ; and Lord Salisbury to Sir
Julian Pauncefote, November 26th, 1895. Message from the
President of the United States, transmitting a treaty between the
United States and Great Britain for the arbitration of matters oj
difference between the two countries, signed at Washington, fan-
uary 11, 1897. Senate Documents, Volume HI. ; Document No. 63,
Fifty -fourth Congress, Second Session 1896-' 97. President
Cleveland's special message, January nth, 1897 : the Treaty as
signed by Richard Olney and Sir Julian Pauncefote.
63 The call for the Hague Conference. See the Revue de Droit
International et de Legislation Comparee : Brussels : Second
Series, Volume I., 1899, page 187 et seq.
5<D EMERIC CRUCE.
Nations and Governments also have shown a
trend towards the adoption of international arbitra-
tion. In several of the treaties of peace concluded
in the latter half of the seventeenth century clauses
were inserted providing to refer questions of com-
mercial privileges and the sovereignty of small
territories to joint commissions. Thus articles
twenty-four and twenty-five of the treaty of West-
minster concluded in 1655 between England and
France, provided that all claims for damages sus-
tained by either party through the capture of prizes
at sea since 1640, as well as the possession of three
forts in North America, should be referred to a board
consisting of six commissioners, three appointed by
each power. And in case this board could not
arrive at a decision on any point, such question
should be referred to the arbitration of the Hansa
Free City of Hamburg.69 Again in the eighth
69 These articles were due probably to the initiative of Oliver
Cromwell.
' ' Treaty of Peace between the Kingdom of France, and the Re-
publick of England, Scotland and Ireland. Done at West-
minster the 3d of November, 1655."
"XXIV. And whereas, since the Year 1640 many Prizes have
been taken at Sea, and both Nations, their People and Subjects,
have suffer' d many Losses, 'tis agreed that three Commissioners
shall be appointed on both sides immediately after the Ratifica-
tion of the present Treaty, who shall be sufficiently authoriz'd
to consider, examine, estimate and explain such Prizes and
TREATIES OF THE SEVENTEENTH CENTURY. 5 1
article of the treaty of Ryswick in 1697, England
and France agreed that the possession of certain
Losses, and to determine and decree the Compensation, Pay-
ment and Satisfaction for them, according to the Demands
which shall be produc'd and exhibited before them by either
Party, their People and Subjects, within three Months to be
reckon' d after the Publication of this Treaty : for which purpose
the Commissioners shall meet in the City of London, within six
Weeks after the said Publication, and, if possible, shall deter-
mine the said Controversys within five Months next ensuing ;
but if the said Commissioners shall not agree within the space
of six Months and a Fortnight, then the said Controversys,
which remain undetermin'd, shall be referr'd, as they are by
these Presents referr'd, to the Arbitration of the Republick ot
Hamburgh, to be decided within four Months, to be computed
from the Expiration of the aforesaid space of Time limited by
the Commissioners. And that the said Republick of Hamburgh
shall be desir'd, as it is by these Presents desir'd, to assume
that Arbitration, and to delegate Commissioners to give Judg-
ment concerning the Premises, in such convenient place as by the
said Commissioners shall be appointed ; and whatsoever shall be
determin'd by the said Arbitrators or Commissioners shall bind
both Partys and be perform'd bona fide within six Months next
ensuing. Provided nevertheless, that if neither the said Com-
missioners appointed by both Partys, nor the said Arbitrators
do not determine the said Controversys within the time pre-
scrib'd, no body shall on that account be put to any Trouble ;
nor shall the old Letters of Marque be restor'd to their full
Force, nor other new ones granted within the Space of four
Months after the Expiration of those four Months, which are
prescrib'd to the City of Hamburgh for the Determination of the
said Controversys.
"XXV. And whereas three Forts, viz.: Pentacoet, St. Jan
and Port Royal, laterly taken in America, together with the
Goods therein found, wou'd be reclaim' d by the abovemen-
tion'd Lord Ambassador of his said Majesty, and the Lord
52 EMERIC CRUCE.
places on Hudson's Bay should be referred to com-
missioners named by the two nations.70
Commissioners of his Highness wou'd argue from certain Rea-
sons that they ought to be detain' d, 'tis agreed that such
Controversy shall be refer' d, as it is by these Presents refer'd to
the same Commissioners and Arbitrators, to be determin'd in the
same manner and time, as the Losses sustain' d by both Partys
since the Year 1640, and referr'd to in the last Article."
A General Collection of Treatys of Peace and Commerce, Re-
nunciations, Manifestos, and other Publick Papers, from the Year
164.2, to the End of the Reign of Queen Anne : London, 1732 :
Volume III., pages 157-159.
70 In the Treaty of Ryswick the 10/20 of September, 1697, the
eighth article reads : —
"VIII. Commissioners shall be appointed on both sides, to
examine and determine the rights and pretensions which either
of the said kings hath to the places situated in Hudson's bay ; but
the possession of those places which were taken by the French,
during the peace that preceded this present war, and were
retaken by the English during this war, shall be left to the
French, by virtue of the foregoing article. The capitulation
made by the English on the fifth of September, 1696, shall be
observed, according to its form and tenor ; the merchandizes
therein mentioned shall be restored ; the governor of the fort
taken there shall be set at liberty, if it be not already done ; the
differences arisen concerning the execution of the said capitula-
tion, and the value of the goods there lost, shall be adjudged and
determined by the said commissioners ; who, immediately after
the ratification of the present treaty, shall be invested with suf-
ficient authority for settling the limits and confines of the land
to be restored on either side, by virtue of the foregoing article,
and likewise for exchanging of lands, as may conduce to the
mutual interest and advantage of both kings.
"And to this end the commissioners, so appointed, shall,
within the space of three months from the time of ratification
INFLUENCE OF THE UNITED STATES. 53
When under the leadership of Washington, we
gained our national independence, with the right to
manage our own affairs free of foreign control, we
came — thanks to the Atlantic and the Pacific Oceans
that separated us from the continents of the Old
World — into the family of nations with exceptional
advantages for developing international peace.
By Jay's Treaty in 1794 the United States agreed
with England to submit the determination of what
river was the Saint Croix to arbitration.71 Again in
1822 the same two powers referred to the arbitra-
tion of the Emperor of Russia the interpretation of
some of the clauses of the Treaty of Ghent.72 And
of the present treaty, meet in the city of London, and within
six months, to be reckoned from their first meeting, shall de-
termine all differences and disputes which may arise concerning
this matter ; after which, the articles the said commissioners
shall agree to, shall be ratified by both kings, and shall have the
same force and vigor, as if they were inserted word for word in
the present treaty."
A Collectio?i of all the Treaties of Peace, Alliance and Com-
merce, between Great Britain and other powers from tlie Revo-
lution in 1688, to the Present Time. London : Printed for J.
Almon, opposite Burlington House, in Piccadilly, 1772 : Vol-
ume I., 1688-1727, page 15.
71 Treaties and conventioyis conchided between the United States
of A?nerica and other Powers since fuly 4, ijj6 : Washington ;
Government Printing Office, 1889 : page 382.
72 Treaties and conventions concluded between the United States
of America and other Powers since fuly 4, ijj6 : Washington ;
Government Printing Office, 1889 : page 418.
54 EMERIC CRUCE.
from that time the United States have taken the
leading part in the development of international
arbitration.
Not only by treaties covering individual cases have
many of the nations of the earth recognized the
applicability of international arbitration, but also
through their legislative bodies they have given
countenance to this mode of settling international
quarrels. Though the motion of Richard Cobden
in 1849 in the House of Commons favoring inter-
national arbitration was lost, yet a similar motion
by Henry Richards in 1873 was carried, and the
same year (1873) the Italian Parliament, upon the
initiative of Signor Mancini,73 adopted a like resolu-
tion. Since then many other legislative bodies have
voted approving the same principle. In 1897 the
Olney-Pauncefote Convention — though it failed of
confirmation by the United States Senate — provided,
with certain restrictions, that for five years the United
States and Great Britain should refer all differences
between them that they could not settle by diplo-
macy, to an International Court of Arbitration. And
in 1898 Italy and the Argentine Republic adopted
73 Pasquale Stanislao Mancini was professor of International
Law in the University of Rome, a member of the Italian Parlia-
ment, Minister of Justice and then of Foreign Affairs : he was a
founder of V Institut de Droit International.
LEGISLATIVE ACTION. 55
a treaty of arbitration, based on the Olney-Pauncefote
Convention.74
71 Etude sur un noziveatc traite general d' arbitrage par Ales-
sandro Corsi, Professeur de Droit international a I ' Universite de
Pise : extrait de la Revue generale de Droit international public,
i8gg (Paris) : Turin, 1899.
V.
The past development of international arbitration
gives promise for its future usefulness, although
grave difficulties are certain to arise in its applica-
tion. Cases involving rather private than national
interests can be solved by arbitration. To this class
belonged the " Alabama Claims" and the Bering
Sea seal fisheries. Those disputes were not of such
a nature that the national position and power of
either of the litigants were concerned, neither were
they legacies involving the possession of territory
nor were they the outgrowth of bloody and bitter
wars between the contestants.
These two cases, however, are concrete proof
that international arbitration is possible in some in-
stances. As Mr. Thomas Balch wrote in 1874: — 75
"The friends of International Courts may fairly
assert that this mode of settling great national
questions has been fully and successfully tried, that
it may be considered as having thereby passed into
and henceforth forming a distinct part of that un-
certain and shapeless mass of decision and dicta
which we call International Law. Without partici-
n International Courts of Arbitration by Thomas Balch, 1874 :
Philadelphia, Henry T. Coates & Co., 1899, page 23.
(56)
CASES OF SUCCESSFUL ARBITRATION. 57
pating in the visions so grandly developed by
Zuinglius,76 and so fondly cherished by Grotius, of
the good time, a good time to be won only by toil
and unremitting efforts, —
' ' When the war-drums throbbed no longer, and the battle flags
were furl'd,
In the Parliament of man, in the Federation of the World." "
we may reasonably expect that through such tri-
bunals, through their proceedings and decisions,
and not through empirical codes, we may ultimately
arrive at some more tangible and better ordered
system of International Law ; one to which the
assent of civilized peoples may be given greatly to
the benefit and peace of mankind."
In an international quarrel such as that between
France and Germany over the possession of Alsace
and Lorraine, different interests, much more difficult
to deal with, are involved. It has been mooted once
or twice that that dispute might be amicably settled
by Germany returning the Reichsland, or even only
Metz and the annexed part of French speaking Lor-
raine, to France, who in return would give hard
cash or some of her colonial possessions or both.
Admirably suited as that question is theoretically for
™Civitas Ckristia?ia.
" Tennyson.
58 EMERIC CRUCE.
argument before an International Court of Arbitra-
tion, the talk of France buying back the whole or
even a part of Alsace and Lorraine, except at the
point of the bayonet, seems but a dream. For the
possession of those provinces, with their rich mineral
deposits and the strong strategic value of Strasbourg
and Metz, gives their possessor an immense advan-
tage in resources and position for any future war.78
The general adoption during the latter half of the
nineteenth century of referring international cases
78 ' ' What then should we take away from France ? Should
we annex still more French land? I was already — I must
say so honestly — no longer in favor in 1871 of taking Metz.
I was at that time in favor of the language limit. However, I
made inquiries from the military authorities, before I finally
made up my mind. It was, if you will permit me to mention
this historic episode, Thiers, who said to me : ' We can give
only one, either Belfort or Metz ; if you wish to have both,
then we will not make peace at present.' I was at that time
much worried about the interference of neutrals, and had been
wondering for months, that we did not receive a letter from
them. I wished greatly, that Thiers should not be necessitated
to return to Bordeaux, to perhaps set back peace once more. I
then conferred with our military authorities and especially with
my friend [von Moltke] now sitting in front of me : ' Can we
agree to let one of the two go ? ' and I received the answer :
1 Belfort, yes ! Metz is worth one hundred thousand men, the
question is this : Do we or do we not wish to be one hundred
thousand men weaker than the French should war break out
again ?' Thereupon I said : ' Let us take Metz ! ' " — Die poli-
tischen Rcden des Filrsten Bismarck. Historisch-Kritische
Gesammtausgabe besorgt von Horst Kohl: Stuttgart, 1894:
Volume XII., page 187.
INTERNATIONAL COURTS OF JURISTS. 59
to the decision of international tribunals composed
exclusively of jurists is a distinct improvement over
the earlier practice of usually referring the ques-
tions at issue to the opinion of a monarch or other
executive head of a government. In 1867, Mr.
George H. Yeaman, then the United States Min-
ister at Copenhagen, wrote to Mr. Thomas Balch
a propos of peacefully settling the pending Anglo-
American disputes, and said : —
" Omitting all discussion of the propriety and
feasibility of now referring the matters in dispute
to arbitration, the mode you advocate, I only desire
to express my decided approbation of your sugges-
tion as to the mode of selecting and organizing
tribunals of arbitration, in cases where the powers
interested agree to a reference. That the tribunal
or arbiter shall not be the executive head of a
government, but a small number of jurists of ac-
knowledged character and learning.
**^ t*j *t* WJ> a^> ***
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"Thus the advantages of learning, and of free-
dom from all improper influences are on the side
of a select committee or board of jurists. From
their breasts selfishness, jealousy, partiality and re-
fined policy, as applied to the matter before them,
are all excluded. They work out their conclusions
in the light of usage, precedent, right reason,
60 EMERIC CRUCE.
natural right, science. What of ambition they may
have is constrained to be innocent and laudable,
for it can only be gratified by building a repu-
tation, which, in their vocation, can have no other
foundation than justice and truth. The judg-
ments of such tribunals would be sought for and
recognized as the highest evidence of what the
law is; and they would develop, polish, and make
symmetrical the law of nations, as the judgments
of Hardwick, Eldon, and Mansfield have done the
law of England, and as the judgments of Kent,
Marshall and Story have done the law in the United
States."
The future progress of International Arbitration
will depend largely whether an international sanc-
tion develops behind International Tribunals such
as the national force that stands back of the Na-
tional Tribunals. Individual citizens submit to the
decisions of municipal Courts, because they know
that the whole power of their Nation is ready, if
necessary, to enforce the decrees of the Courts.
The power of a State is used to uphold the judg-
ment of its Courts because society, as a whole, has
found through experience, that only by freeing the
public peace from the quarrel of individuals can
trade go on and develop. In the same way, not
until both Governments and Peoples recognize that
THE FUTURE OF INTERNATIONAL ARBITRATION. 6 1
the growing interdependence of the different coun-
tries of the world through the increase of interna-
tional trade exposes the combatants to increasing
hurt from war, will they be willing to give up the
idea of seeking to add to their wealth and trade and
prosperity by waging wars of aggression and con-
quest. Then, perhaps, the Powers will submit their
quarrels to, and, if necessary, uphold the decisions
of an International Court in order that universal
commerce may go on unmolested. Such a Tri-
bunal would then be able to arrange many points
of difference between them. But, even then, it
cannot be hoped that against the power of the
strong and the law of the survival of the fittest, it
could peacefully settle all causes of quarrel between
Nations.
An actual tribunal similar, by analogy, in many
respects to a permanent International Court of
Arbitration is the Supreme Court of the United
States of North America. That Court arranged
in peace by its decisions many differences between
the sovereign States of the Union that, without
the existence of such a supreme tribunal, would
doubtless have resulted in armed strife. But that
high Court, though it tried in the Dred Scott case,
could not decide the dispute over the slavery issue
between the conflicting interests of the Northern
62 EMERIC CRUCE.
and the Southern States.79 That question was finally
settled by a resort to arms to see which side was
the stronger.
An important step forward in the cause of in-
ternational peace was the embodiment into a fact
by the Hague Conference of the idea expressed
by Emeric Cruce two and three-quarter centuries
before, of a permanent International Court of Ar-
bitration. The many international disputes sub-
mitted during the last hundred years or so to
arbitration, together with the provisions that the
conference made for such a permanent Court, prove
that some international difficulties can be settled
by arbitration and that Emeric Cruce was not alto-
gether visionary in his ideas. Though the changes
wrought in recent years by force of arms in the
political divisions of the world are sufficient to
show that war has lost litttle or none of its influ-
ence upon human affairs, and that it remains, as
formerly, the last resource in the settlement of inter-
national quarrels, yet the very fact, that such a body
of eminent diplomats as assembled at the Dutch
Capital last summer, met to discuss the possibilities
79 Dred Scott, Plaintiff in Error, v. John F. A. Sandford (De-
cember term, 1856) : 19 Howard's United Stales Supreme Court
Reports,, page 393. The opinion of the Court was given by the
Chief Justice, Roger Brooke Taney, pages 399-454. Every other
THE REALIZATION OF CRUCES IDEA. 63
of avoiding war, and provided for the establishment
of an International Court of Arbitration, gives hope
to the partisans of international peace, and, in the
words of James Lorimer encouragement " to teach,
to wait, and — to pray."
In the development of the principles and prac-
tice of international arbitration, Emeric Cruce has
played an important role ; he deserves to be much
more known than he is, and his name should be
placed high among those of the men who have
helped to substitute, in some measure, settlements
between nations by judicial means instead of by
force of arms. For in the early part of the seven-
teenth century, he proposed substantially such a
permanent International Court of Arbitration as the
Hague conference provided for; and unless the ar-
chives of the Old World reveal in some of their
unknown manuscripts an earlier expounder of inter-
national arbitration, Emeric Cruce, probably, can be
looked upon as its modern originator — as the first
to propose an International Court of Arbitration.
member of the Court delivered a separate opinion. Justices
Wayne, Nelson, Grier, Daniel, Campbell and Catron concurred
with the Chief Justice, while Justices McLean and Curtis dis-
sented : ib. pages 454-633.
INDEX.
INDEX.
PAGE.
Alabama claims 1,56
Adolphus, Gustavus 41
Alsace and Lorraine 57, 58
Argives defeat Lacedaemonians 12
Balch, Thomas 46, 56, 59
Bentham, Jeremy 45
Bering Sea arbitration 2
Bethune, Maximilian de, Due de Sully ... 16, 18, 20, 23, 45
Bloch, Ivan de 49
Chateaubriand 46
Cineas 39, 40
Cleveland, President 3, 6, 49, 54
Cobden, Richard 9, 29, 46
Corsi, Alessandro 48
Cruc6, Emeric 18, 24, 25, 26, 27,
28, 29, 30, 31, 32, 35, 36, 37, 38, 41, 62, 63
Cynee, Le Nouveau 24, 25, 26, 38, 41
Descamps, le Chevalier 49
De Jure Belli ac Pacts 41, 43
Dred Scott case 61
Field, David Dudley 47
Ghent, Treaty of 53
Grand dessein, le 16, 17, 18, 23, 44, 45
Great Britain 6, 7
(67)
68 INDEX.
PAGE.
Greeks, The 12, 13
Groot, Hugo de 41, 43, 57
Gustavus Adolphus 41
Hague Conference, The 1, 62, 63
Henry of Navarre 15, 16, 18, 19, 22, 23, 45
Hapsburg, House of 16, 18, 19, 20, 22, 23
Herodotus 12
Hesse-Rheinfels, Landgraf Ernest von 41, 43
International Court at Venice 18, 33, 35
Isaiah n
Jay's Treaty 53
Kamarowsky, Count 48
Kant, Emanuel 45
Kruger, President 7
Laveleye, Emile, Baron de 48
Leibniz 38, 41
Lieber, Francis 46
Lorimer, James 47, 63
Mancini, Pasquale Stanislao 54
Micah . . . . • 11
Naude, Gabriel 38
Nicolas, Emperor, the Second 1, 49
Nouveau Cynie, le 24, 25, 26, 38, 41
Nys, Ernest 25, 26
Olney-Pauncefote Convention 54> 55
Passy, Frederic 48
Penn, William 44
Pyrrhus 39
INDEX. 69
PAGE.
Revon, Michel 48
Richards, Henry 54
Romans, The 13
Ryswick, Treaty of 51
Saint Pierre, l'Abbe de 38, 44
Sorel, Charles 38
South African Republic 6, 8
South African War 1
Stanhope, Philip 48
Sully, Maximilian de Bethune, Due de . . . 16, 18, 20, 23, 45
Sumner, Charles 46
Transvaal Republic, The 7
Transvaal, Offer of the, to arbitrate 7
United States 6, 7, 61
Venezuela-Guiana arbitration 2, 6
Venice, International Court at 1 8, 33, 35
Washington, George 8, 53
Westminster, Treaty of, (1655) 50
Yeaman, George H 59
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